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HONBLE SRI JUSTICE U.DURGA PRASAD RAO Writ Petition No.17914 of 2019

ORDER:

Twelve petitioners, who did not get the benefit as per the order in C.C.No.254/2011 dated 04.07.2011, filed the instant writ petition seeking a writ of mandamus declaring the action of respondents in not providing pattas in furtherance of 6th respondent’s letter No.1/ZM(P)/LA/VSP/REH-PWD/2001 dated 05.02.2011 in C.C.No.254/2011 vide order dated 04.07.2011 in W.P.No.29351/2011 as illegal, arbitrary and for a consequential direction.

2. The case of petitioners is that they are permanent residents of Yedurivanipalem Village, Hamlet of Thanam Village, Parawada Mandal, Visakhapatnam District and they have small dwelling houses in the villages. In the year 2004 the State Government issued a notification to acquire the land in the entire village for the purpose of establishment of Pharma City through Andhra Pradesh Industrial Infrastructure Corporation (APIIC). As per the said notification, the total land in their village was acquired and the respondents were paid an amount of Rs.3,50,000/- per acre and for house sites, they were paid as per the values estimated by the R & B Department. R5 passed an award No.3/2006/R-I-III dated 01.08.2006. Apart from the compensation the respondents promised to provide other benefits under R & R scheme to those who lost their houses and lands. When the respondents failed to provide benefits under R & R scheme, the petitioners and some others filed W.P.No.29351/2010. In the said writ petition, the High Court of Andhra Pradesh passed an interim order dated 24.11.2010 directing the respondents 1 to 4 therein to reserve the plots equal to number of plots to which the petitioners are entitled for allotment in terms of the beneficiaries list dated 07.10.2010 prepared by 4th respondent. When the said order was not complied with, petitioners and others filed C.C.No.254/2011 and in the said C.C. the learned Assistant Government Pleader produced the letter No.1/ZM(P)/LA/VSP/REH-PWD/2001 dated 05.02.2011 of the Zonal Manager, APIIC wherein he indicated that an extent of Ac.5.00 cents in Agnampudi Village, Gazuwaka Mandal has been reserved for providing the plots and possession of the said land was handed over to the Tahsildar, Parwada on 08.10.2010 for development of rehabilitation layout to the balance beneficiaries of J.N. Pharma City in addition to the lands developed for rehabilitation of persons in Ac.98.43 cents in Aganampudi and E.Bonangi Villages. Recording the contents of the said letter, the C.C. was closed.

3. Now, the grievance of petitioners is that out of 32 writ petitioners in W.P.No.29351/2010 only 20 petitioners were granted house site pattas as promised in C.C.No.254/2011, but the present writ petitioners were not provided with house site pattas though much time has been elapsed since after closure of C.C.No.254/2011.

Hence, the writ petition.

4. Heard Sri G.V.S.Kishore Kumar, learned counsel for petitioners, learned Government Pleader for Revenue representing the respondents 1 to 4, learned Government Pleader for Land Acquisition representing 5th respondent, and Sri J.Ugra Narasimha, Standing Counsel for 6th respondent.

5. Learned Government Pleader for Land Acquisition, on instructions, would submit that 4th respondent has been making enquiry as to the identification of beneficiaries for extending R.R. benefits and after completion of that exercise due benefits will be extended to them and for that purpose time is sought for.

6. Considering the above submission of learned Government Pleader for Land Acquisition, this writ petition is disposed of directing 4th respondent to extend R.R. benefits to the petitioners within three (3) months from the date of receipt of a copy of this order. No costs.

As a sequel, interlocutory applications pending, if any, shall stand closed.

_________________________ U.DURGA PRASAD RAO, J

19.02.2020 Note: Issue C.C. by 24.02.2020 (B/o) MVA

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